Allegation of 22 June 1757, by George Hay, Portsmouth
Dublin Core
Titre
Allegation of 22 June 1757, by George Hay, Portsmouth
Autre forme de titre
Allégation du 22 juin 1757
Créateur
Hay, George
Contributeur
Cock, Randolph (transcription)
Éditeur
CNRS IKER (UMR 5478)
Date
22/06/1757
Type
manuscrit
Format
PDF
Étendue de la ressource, taille, durée
2 fichiers (fac-similé 1.2 Mo, transcription 421 Ko) ; le texte contient 315 mots.
Support
papier
Langue
anglais
Source
Documents reconstitués à partir de photographies au format 'jpeg' prises dans le fonds HCA
Sujet
guerre de sept ans
prise de guerre
dossier judiciaire
vente par adjudication
Description
Une allégation est une pièce authentique qui a pour but d’appuyer une proposition, ou d’autoriser une prétention.
Résumé
George Hay, juge de la la Haute Cour de l'Amirauté, consigne des éléments formels sur la capture du Dauphin, la guerre de sept ans et le droit maritime anglais. Dans le point numéro 4, il mentionne Sir Thomas Salusbury qui serait le juge chargé de statuer sur la prise du navire français. Le représentant du roi George II allègue que le navire Le Dauphin, capturé par les navires de guerre Somerset, Devonshire et Rochester, appartenait au roi de France et à ses sujets, et donc devrait être confisqué comme prise de guerre. Il demande que le navire et ses marchandises soient jugés comme appartenant aux ennemis de la couronne britannique et confisqués en conséquence par le tribunal de l'Amirauté.
Couverture spatiale
Portsmouth
Couverture temporelle
18e siècle
Droits
Domaine public
Droit d'accès
Nous tenons à exprimer notre sincère gratitude aux Archives nationales du Royaume-Uni, Kew à Londres (TNA) pour l'utilisation des copies numériques du fonds Prize Papers.
Licence
Paternité - Pas d'utilisation commerciale - Partage selon les Conditions Initiales [CC] [BY] [NC] [SA]
Est une partie de
Documentation conservée à Archives de la High Court of Admiralty and colonial Vice-Admiralty courts (Londres)
Référence
Talec Jean-Philippe et Videgain Charles (eds.), Mémoires, lettres et papiers du Dauphin : Bayonne, Louisbourg, Londres – 1757, La Crèche, La Geste éditions (coll. « Presses universitaires de Nouvelle-Aquitaine »), 2024, 608 p.
Identifiant
Provenance
TNA, HCA 32/180/7 CP 119
Texte Item Type Metadata
Texte
Wednesday the twenty second day of June 1757
Le Dauphin whereof Martin Lermet was Master
Our Sovereign Lord the King against the said Ship her tackle Apparel and Furniture and the Goods therein taken and Seized by His Majesty's Ships of War called the Somerset, Francis Geary Esquire Commander, the Devonshire Edward Hughes Esquire Commander and the Rochester, Robert Duff Esquire Commander and brought into Portsmouth And against all persons in general.
On which Day Thomas Tyndall Esqire as Procurator general and as Lawfull Proctor of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith by all Lawfull ways & means and to all Effects of Law whatsoever Alledged Pleaded and Articulately propounded as follows to Wit
1. That on or about the Seventeenth Day of May 1756 Warr and Hostility was declared by his Majesty King George the Second against the French King his Subjects and Vassalls and this was and is true publick and Notorious and the party proponent doth alledge and propound of any other time and all and every thing Joyntly and Severally.
2. That the said Ship Le Dauphin whereof the said Martin Lermet was Master on the 9th day of the Month of April last past being a French Ship belonging to the French King his Vassalls or Subjects having Divers Goods Wares and Merchandizes of the French King or his subjects was by his Majesty’s said Ships the Somerset Devonshire and Rochester whereof the said Francis Geary, Edward Hughes & Robert Duff Esquires are Commanders taken and Seized And the party proponent doth Alledge and propound as before.
3. That the said Ship and Goods were and are the Ship & Goods of and belonging to the French King his Vassalls or Subjects or others Inhabiting within his Countries Territories or Dominions and ought to be Confiscated Condemned and adjudged to be Good and Lawfull Prize as being the Ship and Goods of the Enemies of the Crown of Great Britain and the party proponent prays the same may be adjudged and Condemned Accordingly and the party proponent doth alledge and propound as before.
4. That all and Singular the premisses were and are true publick and Notorious and thereof there was and is a publick Voice Fame and Report of which Legal proof being made the party proponent prays you the Right Worshipfull Sir Thomas Salusbury Knight Doctor of Laws Lieutenant President and Judge of the High Court of Admiralty of England that right & Justice may be duly Administred to him and his party in the premisses And that the said Ship her tackle Apparrel and furniture and the Goods taken therein be pronounced to belong at the time of the Capture of the same to the French King his Vassalls Subjects or others inhabiting within his Countries Territories or Dominions and as such or otherwise liable and Subject to Confiscation and to be adjudged and Condemned as and for Good and Lawfull Prize by you and your Definitive Sentence to be given in this behalf.
[Signé] George Hay
Le Dauphin whereof Martin Lermet was Master
Our Sovereign Lord the King against the said Ship her tackle Apparel and Furniture and the Goods therein taken and Seized by His Majesty's Ships of War called the Somerset, Francis Geary Esquire Commander, the Devonshire Edward Hughes Esquire Commander and the Rochester, Robert Duff Esquire Commander and brought into Portsmouth And against all persons in general.
On which Day Thomas Tyndall Esqire as Procurator general and as Lawfull Proctor of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith by all Lawfull ways & means and to all Effects of Law whatsoever Alledged Pleaded and Articulately propounded as follows to Wit
1. That on or about the Seventeenth Day of May 1756 Warr and Hostility was declared by his Majesty King George the Second against the French King his Subjects and Vassalls and this was and is true publick and Notorious and the party proponent doth alledge and propound of any other time and all and every thing Joyntly and Severally.
2. That the said Ship Le Dauphin whereof the said Martin Lermet was Master on the 9th day of the Month of April last past being a French Ship belonging to the French King his Vassalls or Subjects having Divers Goods Wares and Merchandizes of the French King or his subjects was by his Majesty’s said Ships the Somerset Devonshire and Rochester whereof the said Francis Geary, Edward Hughes & Robert Duff Esquires are Commanders taken and Seized And the party proponent doth Alledge and propound as before.
3. That the said Ship and Goods were and are the Ship & Goods of and belonging to the French King his Vassalls or Subjects or others Inhabiting within his Countries Territories or Dominions and ought to be Confiscated Condemned and adjudged to be Good and Lawfull Prize as being the Ship and Goods of the Enemies of the Crown of Great Britain and the party proponent prays the same may be adjudged and Condemned Accordingly and the party proponent doth alledge and propound as before.
4. That all and Singular the premisses were and are true publick and Notorious and thereof there was and is a publick Voice Fame and Report of which Legal proof being made the party proponent prays you the Right Worshipfull Sir Thomas Salusbury Knight Doctor of Laws Lieutenant President and Judge of the High Court of Admiralty of England that right & Justice may be duly Administred to him and his party in the premisses And that the said Ship her tackle Apparrel and furniture and the Goods taken therein be pronounced to belong at the time of the Capture of the same to the French King his Vassalls Subjects or others inhabiting within his Countries Territories or Dominions and as such or otherwise liable and Subject to Confiscation and to be adjudged and Condemned as and for Good and Lawfull Prize by you and your Definitive Sentence to be given in this behalf.
[Signé] George Hay
Géolocalisation
Citer ce document
Hay, George, “Allegation of 22 June 1757, by George Hay, Portsmouth,” Entrepôt de données ANPERSANA, consulté le 21 novembre 2024, https://anpersana.iker.univ-pau.fr/items/show/490.